The defendant is charged [in count __]
with criminal trespass in the second degree. The statute defining this offense
reads in pertinent part as follows:

a person is guilty of criminal
trespass in the second degree when, knowing that (he/she) is not licensed or
privileged to do so, (he/she) (enters / remains)1
(in a building / on public land).

For you to find the defendant guilty
of this charge, the state must prove the following elements beyond a reasonable
doubt:

Element 1 - Entered or remainedThe first element is that the
defendant (entered / remained) (in a building / on public land).

[<If trespass to a building is
alleged:> Ordinarily, "building"
implies a structure that may be entered and used by human beings, as a residence
or for business, or for other purposes involving occupancy by people, whether or
not it is actually entered and used as such. <Insert one or both of the
following parts of the definition as appropriate:>

The law has
expanded this definition to include, in addition to what we ordinarily know as a
building, any watercraft, aircraft, trailer, sleeping car, railroad car, other
structure or vehicle or any building with a valid certificate of occupancy.

The statutory
definition also provides that where a building consists of separate units, such
as, but not limited to separate apartments, offices or rented rooms, any unit
not occupied by the defendant is, in addition to being a part of such building,
a separate building. In other words, any one of these separate units,
separately secured or occupied, when intruded upon, may be considered a
"building," plus the whole building is considered a "building" for purposes of
any unlawful intrusion into any part of it.]

You must also determine whether the
defendant unlawfully (entered / remained) (in the building / on public land). A
person unlawfully (enters / remains) (in a building / on public land) when
(he/she) is
not licensed or privileged to do so. To be "licensed or privileged," the
defendant must either have consent from the person in possession of the
(building / land) or have some other right to be (in the building / on the
land).

[To "enter" a building the intruder
need not necessarily place (his/her) entire body inside the building. Inserting
any part of (his/her) body, or an implement or weapon held by (him/her), within
the building is sufficient to constitute an entry as long as it is without
license or privilege. It does not matter how an intruder may actually have
entered; if (he/she) did so without license or privilege, (he/she) has entered
unlawfully.]

[A person may have entered the
(building / public land) lawfully, that is, (he/she) had the right or had been
given permission, but that right is terminated or the permission withdrawn by
someone who had a right to terminate or withdraw it. You may find that the
defendant "unlawfully remained" (in the building / on the land) under these
circumstances.]

Element 2 - With knowledgeThe second element is that the
defendant knew that (he/she) was not licensed or privileged to do so. A person
acts "knowingly"
with respect to conduct or circumstances when (he/she) is aware that (his/her)
conduct is of such nature or that such circumstances exist. <See
Knowledge, Instruction 2.3-3.>

Conclusion

In summary, the state must prove
beyond a reasonable doubt that 1) the defendant (entered / remained) (in / on) <identify
the building or public land>, and 2) (he/she) knew that (he/she) was not
licensed or privileged to do so.

If you unanimously find that the state
has proved beyond a reasonable doubt each of the elements of the crime of
criminal trespass in the second degree, then you shall find the defendant
guilty. On the other hand, if you unanimously find that the state has failed to
prove beyond a reasonable doubt any of the elements, you shall then find the
defendant not guilty.
_______________________________________________________

1
Do not instruct on both "unlawful entering" and "unlawful remaining" if the
information and the evidence could support a conceptual distinction between the
two. See "enters
or remains unlawfully" in the glossary.

Commentary

Criminal trespass in the second
degree is a lesser included offense of burglary in the second degree with a
firearm. State v. White, 97 Conn. App. 763, 779, cert. denied, 280 Conn.
939 (2006).